33RD MEETING
9-10, 17th NOVEMBER 2000
23-33 MARY STREET
SURRY HILLS NSW
8 DECEMBER 2000 (BY TELECONFERENCE)
PRESENT:
Ms Barbara Biggins (Convenor)
Mr Jonathan O’Dea (Deputy Convenor)
Mr Ross Tzannes
Ms Glenda Banks
Ms Joan Yardley
Ms Robin Harvey
APPLICANT:
AXIS, a Division of Adultshop.com Limited
To review the decision of the Classification
BUSINESS:
Board to assign the classification RC (Refused Classification) under the
Classification (Publications, Films and Computer Games) Act 1995 to the
film Euro Angels Hardball 6 - Anal Maniac.
DECISION AND REASONS FOR DECISION
1.
Decision
The Classification Review Board decided to confirm the decision of
the Classification Board to classify the film Euro Angels Hardball 6
- Anal Maniac RC
2.
Legislative Provisions
The Classification (Publications, Films and Computer Games) Act
1995 (the Act) governs the classification of films and the review of
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classification decisions. The Act provides that films be classified in
accordance with the National Classification Code and the
classification guidelines. Relevantly, the National Classification
Code (the Code) in paragraph 1. of the Table under the heading
“Films” provides that films that “depict, express or otherwise deal
with matters of sex, drug misuse or addiction, crime, cruelty, violence
or revolting or abhorrent phenomena in such a way that they offend
against the standards of morality, decency and propriety generally
accepted by reasonable adults to the extent that they should not be
classified” should be classified “RC.”
Further, the Code provides that films that
a) contain real depictions of actual sexual activity between
consenting adults in which there is no violence, sexual violence,
sexualised violence, coercion, sexually assaultive language, or
fetishes or depictions which purposefully demean anyone
involved in that activity for the enjoyment of viewers, in a way
that is likely to cause offence to a reasonable adult; and
b) are unsuitable for a minor to see
may be classified “X”.
In addition, the Guidelines for the classification of films and
videotapes (Amendment No. 3, 18 September 2000) provide, in part
that, “No depiction of violence, sexual violence, sexualised violence
or coercion is allowed in the category. It does not allow sexually
assaultive language. Nor does it allow consensual depictions, which
purposefully demean anyone involved in that activity for the
enjoyment of viewers. Fetishes such as body piercing, application of
substances such as candle wax, “golden showers”, bondage, spanking
or fisting are not permitted.
3.
Procedure
3.1 Six members of the Review Board viewed the film at its meeting
on 9-10 and 17th November 2000.
4.
Matters Taken into Account
In reaching its decision the Board of Review had regard to the
following:
(a) the applicant’s Application for Review
(b) the film Euro Angels Hardball 6 - Anal Maniac.
(c) written and oral arguments made by Ms Elvis Caneers-Barnes
and Mr John Davey on behalf of the applicant
(d) the relevant provisions in the Act
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(e) the relevant provisions in the National Classification Code as
amended in accordance with section 6 of the Act and endorsed
by Censorship Ministers
(f) the current Classification Guidelines for the classification of
Films and Videotapes determined under section 12 of the Act.
5.
Findings on material questions of fact
5.1 The film has been described as an “All anal sexploit”. The
Review Board found that it contained real depictions of actual
sexual activity.
5.2 The Review Board considered the instances cited by the
Classification Board as leading to an RC classification. These
were instances where coarse language was used whilst
sexual activity is taking place, and occurred at 4,7,12, and
65 mins, being “you’re just a fuckin’ bitch” and “fuckin’ slut
you are”, or variations of these phrases. The Review Board
also noted additional such instances at 79 and 85mins.
5.3 The Review Board found that these instances in their context
constituted sexually assaultive language.
5.4 The Review Board also found that the tone of the film and a
number of scenes in combination, constituted depictions
which purposefully demeaned the female participant(s) for
the enjoyment of viewers. Such depictions included a
number of scenes of anal sex (in which the female(s) was
presented as little more than a pair of buttocks and an anus
stretched open towards the camera) and in which the style
was that of dominating males using largely passive
female(s). These occurred at 9-12 mins, 15mins, 17-18mins,
22mins, 36 mins, 47 mins, 62 mins, 67 mins.
5.5 Furthermore, instances at 36mins and 54 mins (where a solid
glass object similar in size to a large wineglass is inserted into
the anus), and at, for example, 43 minutes (where a flexible,
long (say 25cm), black, sausage shaped, with bulges like
golfballs, device was fed into the anus) were additionally found
by the Review Board to constitute depictions which purposefully
demeaned the female participant for the enjoyment of viewers.
Accordingly, the Review Board concluded that the film was
appropriately classified “RC” Refused Classification.
6.
Reasons for the Decision
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6.1 The Review Board based its decision to confirm the
Classification Board’s decision to classify the film “RC” on its
content as described in 5.2 to 5.4 above
6.2 The Review Board found that in the scenes described in 5.2
above, the language used by the dominating male to the female
participant, in conjunction with the sexual acts, was in tone and
delivery abusive, and constituted sexually assaultive language.
6.3 The Review Board also concluded that the film contained
demeaning depictions (as in 5.4 above), having regard to the
tone of the whole film, the domination of most of the sexual
activity by the male(s), (including the ordering around of the
female(s)), the lack of much if any active participation by the
female(s), the large proportion of shots which failed to give any
identity to the females and focussed almost soley on their
upended buttocks and stretched anus(es). The Review Board
concluded that these scenes debased the female participant(s)
and were demeaning.
Further, these depictions included a
number of shots where the female anus was stretched wide open
and deliberately pointed to the camera, providing strong
indicators that these depictions purposefully demeaned the
participant(s) for the enjoyment of viewers.
The Review Board also found as in 5.4 above, that a number of
the objects which were pushed into the anus of the upended
female(s) were considerably larger than a penis or several
fingers, (as might be expected to be used in anal sex). The
Review Board found that because of the large size, long length
and/or shape of these objects (see 5.4), the actions of inserting
these into the anus debased the participants. Further, as these
actions were deliberately shown to the camera, the Review
Board concluded that these depictions purposefully demeaned
the participant(s) for the enjoyment of viewers.
6.4 The applicant argued that the Classification Board failed to
(a) take sufficient account of the nature of the film
(b) take full account of the wording and intent of the
Classification Act and the National Classification Code
.
(c) reasonably apply the Film Classification Guidelines as they
relate to sexually assaultive and abusive language.
6.5 The Review Board took the view that in its own considerations
(a) It had fully considered the tone, style, context and content of
the film
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(b) fully taken account of the wording and intent of the Act, the
and the Code
(c) applied in a reasonable manner the Guidelines as they
related to sexually assaultive language.
6.6 The Review Board concluded that for the reasons set out in 6.2
to 6.4. above, the film was one which contained sexually
assaultive language, and also contained depictions which
purposefully demeaned persons for the enjoyment of viewers.
As these depictions occur in a film that contains real depictions
of actual sexual activity between consenting adults in a way that
is likely to offend a reasonable adult, the film cannot be
classified X 18+, and is appropriately classified RC Refused
Classification.
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7.
Summary
7.1 The Review Board’s decision is to confirm the decision of the
Classification Board to classify the film Euro Angels Hardball 6
- Anal Maniac. “RC.”
This decision is taken after full consideration of the applicant’s
submission, and after assessing the film as a whole against the
relevant legislative criteria, including those contained in the
Code, and in the current Classification Guidelines for Films and
Videotapes determined under Section 12 of the Act.
Barbara Biggins
Convenor
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